Definitions- Groups 1-4

Question 1

Adversarial System (Group1)

Answer 1

The modern day judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

Question 2

Decisions made by judges in previous cases(Group 1)

Answer 2

Precedent

Question 3

S.33 of the canadian charter of rights and freedoms. Allows the federal and provincial government to pass legislation that is exempt from S.2 and SS.7 of the charter(Group 2)

Answer 3

Notwithstanding clause

Question 4

Summary Offence(Group 3)

Answer 4

A crime that is considered less serious and carries a lighter penalty

Question 5

Indictable Offence(Group 3)

Answer 5

A more serious crime which carries a heavier penalty

Question 6

An offence that the crown can try either as an indictable or summary offence

Answer 6

Hybrid offence

Question 7

Reasonable Limits(Group 2)

Answer 7

Legally allows the government to limit an individual’s charter rights

Question 8

Stare Decisis(Group 1)

Answer 8

A latin phrase meaning “to stand by your decision”

Question 9

Counselling(Group 4)

Answer 9

A crime that involves advising, recommending, or persuading another person to commit a criminal offence

Question 10

Aiding(Group 4)

Answer 10

Criminal offence that involves helping a perpetrator commit a crime

Question 11

Perpetrator(Group 4)

Answer 11

The person who actually commits the crime

Question 12

Entrenched(Group 2)

Answer 12

To protect and guarantee a right or freedom by ensuring that it can only be changed by the amendment to the constitution

Question 13

Habeas Corpus(Group 1)

Answer 13

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Question 14

Ultra Vires(Group 2)

Answer 14

Beyond the power of government to pass laws

Question 15

Abetting(Group 4)

Answer 15

The crime of encouraging the perpetrator to commit an offence

Question 16

Common Law(Group 1)

Answer 16

Law that developed in English courts; relies on case law, and is common to all people

Question 17

Interveners(Group 2)

Answer 17

One who intervened as a third party in a legal proceeding;brought in by the court and has no personal connection to either sides

Question 18

Mens Rea(Group 3)

Answer 18

The Guilty Mind- A deliberate intention to commit a wrongful act, with reckless disregard for the consequences

NEEDED in a case (1/2)

Question 19

Actus Reus(Group 3)

Answer 19

The Guilty Act- The voluntary action, omission, or state of being that is forbidden by the criminal code

NEEDED FOR A CASE(1/2)

Question 20

Conspiracy(Group 4)

Answer 20

An agreement between two or more people to carry out an illegal act, even if that act does not actually occur